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Loss of opportunity to be hired because the employer did not send the training certificate: Compensable loss

At the end of an employment contract, several contract documents must be sent, including your employee’s certificates or training certificates. The High Court has upheld the liability of the company for refusing to send training certificates to the employee.

Vocational Training: Some Reminders of Your Duties

You need to make sure your employees adapt to their workplace.

You also need to make sure that their ability to hold a job is maintained, especially as jobs, technologies and companies evolve.

You can provide training that contributes to the development of skills, including digital skills, and the fight against illiteracy, particularly assessment and training activities that allow access to the basics of knowledge and skills defined by mandate.

Training activities implemented for these purposes are provided through the Skill Development Program, where appropriate.

These training activities will enable you to obtain the identified section of the Professional Certificate, which will be categorized within the National Directory of Professional Certificates with the aim of obtaining a set of skills.

An discrimination against an employee who does not receive his or her training certificates and loses the opportunity to be hired

An employee who had completed several work contracts left his temporary company and was unable to obtain his welding certificates, which he repeatedly requested.

He continued this training while executing his work contracts.

Unable to submit these training certificates in the said welding field, he had to apply for various offers which were not selected.

However, considering himself a victim of this failure of the company, he seized the court to seek compensation for his damage.

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Although the Court of Appeal recognized its existence in principle, the Court of Appeal rejected his request on the grounds that the documents submitted did not allow him to assess the damage caused in his search for employment.

However, she acknowledged the company’s fault, and as a result of her inability to submit documents certifying her new qualifications to comply with these offers, she’s responsible for missing out on the opportunity to be hired at certain jobs.

The Court of Cassation quashed the judgment, upholding the loss of employment due to the refusal of his previous employer to issue training certificates.

It is the responsibility of the employee to express his or her prejudice before the next appellate court as the latter’s existence policy regarding the loss of the opportunity to be hired is recognized. Lack of sending training certificates.

As an employer, be sure to send these training documents to your employees and especially at the end of the employment contract. If you fail to do this, you will be responsible for this prejudice of missing out on the opportunity.

Good to know

From June 1, 2020, the Ministry of Labor has implemented a new edition of the Model Certificate for Completion of Training Activities, Skills Assessments, VAE Activities and Training Training Activities to synchronize procedures between skills operators, training institutes and training centers. .

You can apply for this certificate from the Employee Training System itself.

Court of Cassation, Community Room, April 13, 2022, n ° 20-21.501 (An employee who loses the opportunity to be hired because the worker did not provide him with a training certificate must be compensated for his loss)